Free Order on Motion to Appoint Custodian - District Court of Delaware - Delaware

Case 1:07-cv-OOO50—JJF Document 22 Filed O2/22/2007 Page 1 of 2
IN T`HE UNITED STATES DISTRICT COURT
P FOR THE DISTRICT OF DELAWARE
DOMINION CITRUS, LTD., ez cr!. : CIVIL ACTION
Plaintiffs :
v. :
M/V BADRINATH. her engines, :
machinery, tackle, apparel, etc. et az'. :
Defendants. : NO. 07-cv- 50
ORDER TO SUBSTITUTE THE MASTER OF THE
DEFENDANT VESSEL AS SUBSTITUTE CUSTODIAN
OF THE VESSEL IN PLACE ()F ALPHA CENTURION SECURITY, INC.
On January 26, 2007, the Court having ordered that a Warrant of Arrest and/or Writ of
Attachment be issued against the defendant vessel; and
On January 26, 2007, the Court having granted Plaintiff’s Motion for Appointment of
Substitute Custodian and having issued an Order For Appointment of Substitute Custodian; and
The U.S. Marshal having arrested and attached the Defendant vessel and having
transferred the custody of said vessel to Alpha Centurion Security, Inc. as the substitute custodian
of the vessel; and
The Plaintiffs having now moved for the Master ofthe vessel Badrinath to be appointed
substitute custodian ofthe vessel in place ofAlpha Centurion Security, Inc. it is hereby:
ORDERED, that the Plaintiffs’ Motion for The Substitution of The Master of Vessel as
Substitute Custodian is hereby GRANTED, and it is further
ORDERED, that the Master ofthe vessel is appointed substitute custodian ofthe
deI`endant vessel and Alpha Centurion Security, Inc. is relieved of its obligations as substitute
custodian, and it is further
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Case 1:07-cv-OOO50—JJF Document 22 Filed O2/22/2007 Page 2 of 2
W C ORDERED, that except for the replacement of Alpha Centurion Security, Inc. by the i
Master ofthe defendant vessel as substitute custodian, the terms ofthe Court’s Order of January i
26, 2007 for Appointment ofSubstitute Custodian, shall remain in effect, namely that: y
l) the Marshal shall continue to be discharged from his duties and responsibilities for
safekeeping ofthe vessel and held harmless from any and all claims arising whatever out of said
substituted possession and satekeeping ofthe vessel; J
i 2) that said vessel shall remain in the custody oi`the substitute custodian pending
further order of this Court; and
3) that so long as the vessel is under arrest it may not move or leave the waters ofthis
District without the prior approval ofthis Court, unless an emergency arises, but may move to an
appropriate anchorage or other location within this District with the permission of Plaintiffs’ i
counsel.
. ..•. x . . QW
Uni Sta s Dist Q! Judge
I c`t
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